Cutting down 25 trees costs B.C. man more than $80,000

Former city council candidate illegally dropped alder and maple in pricey Nanaimo neighbourhood

A Nanaimo businessman has been fined close to $84,000 for illegally downing trees near Departure Bay ferry terminal in summer 2016.

Jim Mercier was initially charged with more than 40 City of Nanaimo municipal bylaw offences which took place between Aug. 25-Sept. 4, 2016 on a 22,000-square foot lot on White Eagle Terrace, which Mercier was considering buying at the time and has since bought. Twenty-five of those counts were confirmed, according to Judge Douglas Cowling at provincial court in Nanaimo on Thursday.

Nineteen trees were broad leaf maple trees with trunk diameters between 26-69 centimetres, said Cowling. There were also six red alders with trunks ranging from 27-34 cm in diameter. The lot was in an area with “expensive homes” between a residence and Beach Estates Park, which Cowling said isn’t a developed park. It protects a stream and has a 20-metre slope to the Departure Bay foreshore. It has been designated as a place of archaeological significance due to evidence of First Nation occupation.

Cowling said evidence indicated tree removal was primarily to enhance the view. There were concerns slope stability could be affected by the tree removal.

The cutting of the trees took place at the direction of Mercier by, what the judge gathered, was a person with professional ability.

Cowling fined Mercier to what amounted to $65,000, the property value increase due to the tree cutting, and $750 for each tree for a total of $83,750. Cowling said it was important to look at the totality of the $750 figure as opposed to the per tree figure.

The fine has to be fully paid by Sept. 1, 2020, said Cowling.

Neither Peter Behie, Mercier’s legal counsel, nor Mercier were available for comment after sentencing.

Jarrett Plonka, city legal counsel, was pleased with the ruling and said one of the primary principles of sentencing by Cowling was discouraging profits from the contravention.

“Judge Cowling imposed a $65,000 fine as a starting point and that’s to essentially ensure that Mr. Mercier doesn’t profit and has to pay a fine equivalent to the profit that he’s enjoyed from improving the value of his property,” said Plonka. “The $18,750 … the fine that can’t just account for profit, the fine also has to account for things such as denunciation and deterrence to send a message to the public that trees can’t be cut, breaching the bylaw in contravention of it without regard to the city’s bylaws.”

Plonka suggested the financial figure the court came to was well within what the city proposed as an appropriate fine.

Mercier ran in the 2017 byelection for Nanaimo city council.



reporter@nanaimobulletin.com

Like us on Facebook and follow us on Twitter

Just Posted

Summer Blackmore wins RBC Future Olympian funding

Cranbrook’s Blackmore was one of just thirty athletes at the final, from a variety of sports, to earn funding.

Fire destroys house in downtown Cranbrook

Firefighters arrived at the 1600 block of 2nd Street North, across from Western Financial Place, to find a residence that was “significantly involved in a fire”

It takes a village to serve a dinner

Annual Rotary/Colombo Seniors Dinner set for Wednesday, Nov. 27

Government needs to step up to address $10M RCMP budget deficit: Morrison

Kootenay-Columbia MP Rob Morrison says governments need to ensure rural communities are protected

VIDEO: B.C. to restrict nicotine content, bring in 20% tax on vaping products

Province will also restrict candy and fruit flavoured vaping products to adult-only stores

‘The unexamined life,’ and other subversive ideas

Yme Woensdregt People today consider Socrates to be one of the world’s… Continue reading

B.C. man facing 18 charges after hidden camera found in Kelowna winery washroom

The camera was found at Summerhill Winery on Aug. 23

No new rules needed to ensure timely youth justice, Supreme Court says

Charter of Rights and Freedoms says someone charged with an offence has the right to be tried within a reasonable time

Seguin lifts surging Stars to 4-2 win over Canucks

Dallas is 6-0-1 in last seven outings

B.C. government working with RCMP to address $10 million in budget cuts

Public Safety Minister Mike Farnworth issues statement following report of RCMP cost-cutting

‘City that protects rapists’: Sexual assault survivor slams Kelowna mayor for defending RCMP

Heather Friesen spent the morning handing out flyers around city hall calling out the mayor

Government needs to step up to address $10M RCMP budget deficit: Morrison

Kootenay-Columbia MP Rob Morrison says governments need to ensure rural communities are protected

Most Read